PWS Pressure Washers.pdf

PERFORMANCE WORK STATEMENT

Pressure Washers For EUCOM AGWASH 07 August 2024 - 20 September 2024

3rd Armored Brigade Combat Team

PART 1

GENERA INFORMATION

1. GENERAL: This is a non-personal service contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The United States (U.S.) Government will not exercise supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Latrine and Handwashing Support as defined in this PWS except for those items specified as Government furnished property (GFP) and Government furnished services (GFS). The Contractor shall perform to the standards in this contract.

1.2 Background: Deployment to EUCOM requires strict Customs cleaning procedures for equipment going overseas. All equipment going overseas is required to be sprayed down with AGWASH solution to sterilize the equipment from all environmental elements. Pressure washers will be used to apply the AGWASH solution. AGWASH solution will be mixed with water in washer holding tank and then applied to equipment.

1.3 Objectives: Basic service objective is to have the Contractor deliver and provide maintenance as required for four (4) gas powered pressure washers with external fuel tank.

1.4 Scope: Contractor shall provide non-personal services in delivery and pickup for a total of four (4) gas powered pressure washers with external fuel tank for the duration of the contract.

Period of Performance is 07 August 2024 - 20 September 2024. The Contractor shall accomplish the delivery of the pressure washers with all functioning parts to the provided address. Pressure washers must come with an external holding tank for mixing AGWASH solution with water. A towable pressure washer with integrated holding tank is preferred. In the event that the pressure washer is not towable, contractor will be responsible for setting up and hooking up external holding tank.

1.6 General Information:

1.6.2 Quality Assurance (QA): The Government will evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed IAW the performance standards and contract quality requirements are met.

Contract quality requirements” means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the Contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, the performance threshold, and deductions, if applicable.

1.6.3 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth

1.6.4 Hours of Operation: The Contractor is responsible for conducting business between the hours of 0830 to 1830 Monday through Sunday including Federal Holidays.

1.6.5 Place of Performance: The work to be performed under this contract will be performed

1.6.6 Period of Performance: 07 August 2024 – 20 September 2024- Pressure washer

1.6.7 Delivery Instructions: Equipment will be delivered to Fort Bliss, TX. The tentative delivery location is Third Armored Brigade Combat Team Headquarters, 20400 Ansbach Wy, Fort Bliss, TX 79916. The contractor should expect to deliver to a specified pressure washing location on Fort Bliss, TX as designated by the COR. Vehicles are required to arrive between the hours of 0800-1200 the day the POP begins to allow adequate time for a joint visual inspection. All set up must be complete and equipment ready for use at time of delivery. Note: NOTE: Increased installation security may delay Contractors’ delivery time. It is the Contractors’ responsibility to plan and prepare prior to the beginning of the POP to gain access to the post.

1.6.8 The Government also reserves the right to increase or decrease the Period of Performance (POP) dates due to mission requirements. In the event changes occur, the (KO) will notify the Contractor within forty-eight (48) hours to adjust accordingly. The Government will not be charged for decreasing quantities or POPs due to mission changes. Any changes will be prorated at the calculated daily amount to adjust for increasing or decreasing requirements.

1.6.9 If using Diesel Operated power, equipment must be compatible with ULSD fuel.

Government will provide ULSD fuel. The contractor shall label each piece of equipment next to the fuel tank with the wording “Diesel Fuel Only” IF APPLICABLE. Failure to label accordingly will invalidate contractor claims regarding use of incorrect fuel.

1.6.10 Pre-Inspection Requirements: The Contractor shall coordinate with the Designated Government Representative to assure all delivery confirmations prior to arrival. At time of delivery, the Contractor shall complete a joint pre-inspection with the Designated Government Representative verifying that items delivered are in the correct location and are operational in accordance with the contract requirements. Contractor must be present until these joint inspections are complete

1.6.11 Post-Inspections Requirements: The Contractor shall complete a joint post-inspection with the Designated Government Representative verifying that items have been returned in as-delivered condition with only normal wear and tear. The Government will not be responsible for returning the equipment with full fuel tanks or paying to refuel the vehicles at the end of the POP.

1.6.12 Inspection Sheets: All pre and post-inspection/acceptance sheets must be provided to the KO and Designated Government Representative after joint completion by the Designated Government Representative and Contractor. Inspection sheets must be signed and dated. Both parties’ names must be printed legibly and signed. Pre & Post- Inspection Sheets shall be hard copies only and not by Portable Electronic Device or Portable Hand Held Device. The Designated Government Representative is not authorized to sign any electronic device that the vendor uses.

1.6.13 Emergency Services:The Contractor shall be available by phone to provide 24 hour emergency repair and/or replacement services for the leased equipment, including all weekends and holidays, at the Contractor’s expense. The Contractor shall provide emergency services within six (6) hours upon notification from the KO and repair or replace the vehicle within 12 hours. All repairs, replacement, delivery and pick-up costs not due to Government negligence shall be at no additional cost to the Government.

1.6.14 Type of Contract: The Government anticipates the award of a Firm Fixed-Price type contract.

1.6.15 Access and General Protection Policy and Procedures:

1.6.15.1 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the US Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in Contractor security matters or process in accordance with DoDI 2000.16. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.

1.6.15.1.1 HPCON: The Contractor shall be responsible for adhering to the installation’s Health Protection Condition (HPCON) guidance regarding the COVID-19 precautionary measures.

1.6.7.4.1 The Contractor shall follow DOD Federal Acquisition Regulation Supplement (DFARS) clause 252.223- 7004, Drug-free Work Force. The Contractor shall conduct drug tests, ensuring all top secret cleared Contractor employees are tested at least once per year, each year of the contract, as well as when there is a reasonable suspicion that an employee uses illegal drugs. The drug testing shall be at the Contractor’s expense. Positive drug test results shall be made available to both the KO and COR within 24 hours of known test results.

Records of drug testing shall be made available to the COR.

1.6.7.5 Background Checks: The Contractor shall ensure Contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the State Police Department of their U.S. residence. Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement.

Documentation of these checks will be made available to the KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any Contractor or subcontractor employee performing services under this contract:

• Full birth name

• Married name (if applicable)

• SSN or local equivalent (ID card number)

• Date of birth

• Place of birth (city, country)

1.6.7.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government.

(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.6.7.5.2 Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a Contractor employee or employees from the performance of the contract.

1.6.7.5.3 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.6.7.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures

1.6.16 Post Award Conference/Contract Periodic Progress Meetings: The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The KO, COR, with other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.17 Contracting Officer Representative (COR): The COR will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration.

The COR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.18 Key Personnel: The following personnel are considered key personnel by the Government: Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate, who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer Contract Manager and alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.6.19 Special Qualifications or Certifications

1.6.20 Identification of Contractor Employees: Contractor employees shall identify themselves as Contractor personnel and shall avoid representing themselves as Government employees.

This identification includes meeting attendance, answering Government telephones, email communications, and working in other situations where Contractor status is not obvious.

Contractor personnel identification shall be easily identifiable through the display of badges, name tags, lanyards, etc. Government badges are not required for the personnel that will perform the job.

1.6.20.1 Badging of Contractor Employees: If required by the Government, contract personnel and all associated subcontractors’ employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public. Contractor personnel shall return all U.S. Government issued identification to appropriate U.S. Government authorities within five (5) days of the end of their contractual duties.

1.6.21 Contractor Travel: “Reserved”

1.6.22 Other Direct Costs (ODC): “Reserved”

1.6.23 Data Rights “Reserved”.

1.6.16.1 Non-Disclosure Statements: “Reserved”.

1.6.16.2 Advertisement and social media: The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

http://www.defenseimagery.mil/products/DODimagery/commercialuse.html)

1.6.16.3 INFORMATION ASSURANCE: At no time will the Contractor or associated sub- Contractor employees transmit Government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging. Approved Government sites such as U.S. Army Aviation and Missile Research Development and Engineering Center (ARMDEC) Safe Exchange at https://safe.amrdec.army.mil/SAFE/About.aspx, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the Government must be used.

1.6.17 Organizational Conflict of Interest (OCI) Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.18 Phase-in/Phase-Out (PIPO) Period: “Reserved”

1.6.19 General Training Requirements: “Reserved”

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1. Contractor. The total Contractor organization or a separate entity of it; such as an affiliate, division, or plant that performs its own purchasing.

2.1.2. Contracting officer (KO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.1.3. Contracting Officer’s Representative (COR). An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

2.1.4. Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. Deliverable. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. Performance Work Statement (PWS). A statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

2.1.8. Physical Security. Protection of the perimeter area, Government property, and assets that prevent the loss or damage of Government property.

2.1.9. Quality Assurance. The various functions, including inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

2.1.10. Quality Assurance Surveillance Plan (QASP). A plan describing how the agency will survey, observe, test, sample, evaluate and document the Contractor’s performance in meeting critical performance standards identified in the contract.

2.1.11. Quality Control (QC). Tasks performed by the Contractor to improve the quality of the organization’s output.

2.1.12. Shall. An imperative command: has a duty to or is required to. Denotes that a regulation must be followed unless the contracting officer has obtained a deviation.

2.1.13. Subcontractor. Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

2.1.14. Workday. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.15. Work Week. Monday through Friday, unless specified otherwise.

2.1.16. Acronyms

ALMS Army Learning Management System ANSI American National Standards Institute AOR Area of Responsibility AR Army Regulation ATCTS Army Training Certification Tracking System AT Anti-Terrorism CAC Common Access Card CFR Code of Federal Regulations CI Counterintelligence CLIN Contract Line-Item Number CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DD Form 254 Department of Defense Contract Security Requirement List DOD Department of Defense DODD Department of Defense Directive DODI Department of Defense Instruction FAR Federal Acquisition Regulation FHP Force Health Protection FCG Foreign Clearance Guide FY Fiscal Year GFE Government Furnished Equipment GFP Government Furnished Property IA Information Assurance IAW In Accordance With IT Information Technology JPAS Joint Personnel Adjudication System JTR Joint Travel Regulation KO Contracting Officer LOA Letter of Authorization NCIC-III National Crime Information Center Interstate Identification Index NIST National Institute of Standards and Technology ODC Other Direct Costs OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OSHA Occupational Safety and Health Administration OPSEC Operation Security PIPO Phase In/Phase Out PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance

QASP Quality Assurance Surveillance Plan QCP Quality Control Program RA Requiring Activity SCR Service Contract Reporting SOP Standard Operating Procedures SPOT Synchronized Pre-deployment and Operational Tracker TE Technical Exhibit TSDB Terrorist Screening Data Base U.S.C. United States Code

PART 3

GOVERNMENT FURNISHED PROPERTY AND SERVICES

3 Government Furnished Property: The Government will provide fuel for the generators. The government will also provide the chemicals and water needed to AGWASH equipment, (PWS)

418th CSB Vs 1 202108

PART 4

CONTRACTOR FURNISHED FACILITIES AND EQUIPMENT

4.1 Contractor Furnished Facilities and Equipment – General

4.1.1 The Contractor shall procure material, equipment, and supplies, which are incidental to the provision of services of this PWS. The Contractor shall ensure on-site maintenance personnel are equipped with proper individual / hand tools for the effort to be completed (i.e. general mechanics tools). The Government will not provide individual tools to be used by maintenance personnel under this effort. Each employee mechanic must have their own tools. The Government has revoked its assumption of risk regarding individual tools used under this effort. At no time will the Government be responsible for the replacement of lost, damaged, or broken individual tools.

4.1.2 Except for those items and services specifically stated in Part 3 as Government-furnished, the Contractor shall furnish everything needed to perform this contract according to all its terms and conditions as stated in specific sections of this PWS and as identified in the Purchasing/Invoicing Guide.

4.1.3 Contractor-furnished equipment or items, inoperable or unserviceable for any reason, must be removed from the U.S. Government’s Installation within ten (10) business days after failure. The condition of Contractor-furnished equipment shall not relieve the Contractor of responsibility to provide services as required in this contract. The Contractor shall immediately notify the KO and COR, in writing, of circumstances regarding delay of work due to equipment or material problems.

4.1.4 The Contractor shall furnish additional telephone and peripheral equipment requirements not furnished by the U.S. Government, if required. All additional costs must be approved in writing by the KO prior to the items being placed in service.

4.1.5 All Contractor furnished vehicles shall be maintained in a neat, presentable, and operational condition and shall meet Government safety inspection standards. The Contractor’s vehicles not meeting standards shall not be operated or stored on U.S.

Government installations. The Contractor shall provide a sign on the right and left side of Contractor furnished vehicles with the Contractor's company name and telephone number.

4.2 Materials and Equipment

4.2.1 The Contractor shall use the equipment type and size suitable for the required operation and shall operate the equipment from existing Government-furnished electrical power sources. The Contractor shall affix a highly visible, permanent Contractor’s nameplate on all Contractor-owned equipment. The Contractor shall ensure that if commingling of U.S. Government and Contractor-furnished equipment occurs, each set of equipment is easily identifiable and can be separated for inspection and inventory as required.

4.2.2 The Contractor shall maintain a sufficient quantity of on-hand materials and supplies to perform all work required under this Contract. Failure on the part of the Contractor to provide sufficient quantities and quality of supplies and materials within the specifications of the Contract shall not be cause for reduction in any service or performance. The Contractor shall maintain stocks to ensure continuous operation of critical systems as approved by the KO. Critical systems are those that are directly related to health care, safety, and mission accomplishment. The Contractor shall provide a system for rapid procurement of items whose usage levels do not require maintenance of on-hand stocks.

This system shall include a list of vendors for each such mission-critical repair item, information on availability, and expected delivery times.

PART 5

SPECIFIC TASKS

5. Specific Tasks: Contractor shall provide non-personal services in delivery and pickup for a total of four (4) gas powered pressure washers with external fuel tank for the duration of the contract. Period of Performance is 07 August 2024 - 20 September 2024. The Contractor shall accomplish the delivery of the pressure washers with all functioning parts to the provided address. Pressure washers must come with an external holding tank for mixing solution with water. A towable pressure washer with integrated holding tank is preferred. In the event that the pressure washer is not towable, contractor will be responsible for setting up and hooking up external holding tank.

6. Equipment: All necessary components shall be included with the pressure washers.

External holding tank must hold a minimum of 100 Gallons. Equipment can be diesel or gasoline powered. A towable generator is preferred. If holding tank is separate from pressure washer, the contractor will set up equipment in designated location. COR will provide the specific location for setup.

7. AGWASH Solution: The government will provide all necessary chemicals. AGWASH solution is powder based and will be mixed into the water holding tank. Approximately 1 cup to for every 5 gallons of water

8. Towable pressure washers must be equipped with a towing pintle capable of being attached to a standard military High Mobility Multipurpose Wheeled Vehicle (HMMWV) tow pintel (pintle hook hitch lunette ring (donut)). The contractor can use an interchangeable hitch to place equipment for each location; however, the towing pintle must be in place no later than the day prior to the start of each POP.

9. Basic Services. The contractor shall deliver pressure washing equipment to Fort Bliss, TX. Contractor will provide maintenance as necessary to ensure the generators are running properly.

10. Task Heading. Delivery Instructions are as follows: All equipment shall be delivered to the specified Ft. Bliss locations between 0800-1200 on the specified dates. Delivery of equipment shall be coordinated with the COR prior to delivery to confirm delivery times and location. The Contractor will be met by COR at delivery site in order to ensure pressure washers are emplaced properly. Contractor representative cannot drop latrines or HW stations without the approval of the COR on ground at each site location. The Contractor shall allow adequate time for a joint visual inspection.

11. Equipment Condition: Each item of equipment or property furnished under this contract shall be in safe operational condition and shall comply with the Federal Safety Standards, the American National Standards and State Safety Regulations applicable to this equipment or property.

12. Service Contract Reporting (SCR): “Reserved”

13. Pre-Inspection Requirements: The Contractor shall coordinate with the COR to assure all delivery confirmations prior to arrival. At time of delivery, the Contractor shall complete a joint pre- inspection with the COR verifying that items delivered are in the correct location and are operational in accordance with the contract requirements.

Contractor must be present until these joint inspections are complete

14. Emergency Services: The Contractor shall be available by phone to provide 24-hour emergency repair and/or replacement services for the leased equipment, including all weekends and holidays, at the Contractor’s expense. The Contractor shall provide emergency services upon notification from the COR and have repaired or replaced the equipment within eight (8) hours. All repairs, replacement, delivery, and pick-up costs not due to Government negligence shall be at no additional cost to the Government.

Repairs shall be on-site at the equipment’s location.

15. Removal of Equipment: The Contractor shall coordinate with the COR for removal of equipment at the end of the POP. The Contractor shall remove all contracted/leased equipment from the installation within 48 hours after the POP. Should equipment remain in place beyond 48 hours, the Government is not liable for usage, theft, loss, damage, or replacement costs due to the Contractor's negligence to take possession of owned items. If for any reason the Contractor is unable to pick-up equipment, notify the COR in writing 24 hours prior to scheduled pick-up date.

16. Contractor’s Representatives or Supervisors: Contractor shall have a company representative on call to respond to maintenance requests with full telephone coverage and authority to make decisions on behalf of the company on a 24-hour basis. The time for a required maintenance call starts when the Government calls the company representative. The Contractor shall have functioning voicemail. Lack of receiving capabilities by the Contractor does not relieve the Contractor of liability for the required service call timeframe to repair or replace.

PART 6

APPLICABLE PUBLICATIONS

5. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

5.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

5.1.1 DOD Commercial Use of Imagery Guidelines

5.1.2 AR 190-13, The Army Physical Security Program

5.1.3 Army Directive 2014-05, Policy and Implementation Procedures for CAC Credentialing Access for Uncleared Contractors

5.1.4 DOD 5220.22-M, National Industrial Security Program Operating Manual

5.1.5 Defense Federal Acquisition Regulation Supplement (DFARS)

5.1.6 Joint Travel Regulation (JTR)

5.1.7 AR 735-5, Policies and Procedures for Property Accountability

5.1.8 DODD 8570.01, Information Assurance Training Certification and Workforce Management

5.1.9 DOD 8570.01-M, Information Assurance Workforce Improvement Program

5.1.10 AR 25-2, Information Assurance

5.1.11 DODI 2000.16 DoD Antiterrorism (AT) Program

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

6. Attachment/Technical Exhibit List:

7.1 Attachments:

7.1.1 Attachment 1 – Performance Requirements Summary

7.1.2 Attachment 2 – Deliverables Schedule

ATTACHMENT 1

Performance Requirements Summary

Performance Objective

Performance Standard

Performance Threshold

Incentive/ Disincentiv e (Positive and/or Negative)

1. Combating Trafficking in Persons FAR 52.222-50 c

The Contractor shall Notify its employees of

a. The United States Government's zero tolerance policy described in paragraph

(b) of this clause The actions that will be taken against employees for violations of this policy.

Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment.

100% Compliance First failure will result in the issuance of a Contractor Deficiency Report (CDR).

Continuance of not meeting performance standard (2 or more) a corrective action plan will be developed at the discretion of the KO.

Contractor shall re- perform the service.

PRS # 1.

a. Para 5

b. Specific Task The contractor shall ensure equipment is delivered with all necessary original equipment parts IAW the operators manual

The Contractor provided [The equipment shall be 100% fully functional IAW the operator’s manual upon delivery.

100% First failure will result in the issuance of a Contractor Deficiency Report (CDR).

Continuance of not meeting performance standard (2 or more) a corrective action plan will be developed at the discretion of the KO.

ATTACHMENT 2

Deliverables Schedule

Deliverable Frequency # of Copies Medium/Format Submit To

ATTACHMENT 1 – OCI LANGUAGE

1.6.17 Organizational Conflict of Interest (OCI).

(a) Work under this contract may create a future organizational conflict of interest (OCI) in the way of unequal access to information that could prohibit the Contractor from competing for, or being awarded future Government contracts. It is not the intention of the MICC Fort Bliss, TX to foreclose a vendor from a competitive acquisition due to a perceived OCI. MICC Fort Bliss, TX Contracting Officers are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired vendor and the Contracting Officer. The Contracting Officer's business judgment and sound discretion in identifying, negotiating, and eliminating OCI scenarios should not adversely affect the MICC Fort Bliss, TX policy for competition. The MICC Fort Bliss, TX is committed to working with potential vendors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity of the competitive process, the mission of the MICC Fort Bliss, TX, the Army, or the legitimate business interests of the vendor community.

(b) Mitigation plans. The Contractor shall review its OCI mitigation procedures to avoid any potential OCI created by performance under this contract. The Contractor shall submit the reviewed OCI mitigation plan to the Contracting Officer no later than thirty

(30) days after award. The MICC Fort Bliss, TX reserves the right to reject a mitigation plan, if in the opinion of the Contracting Officer, such a plan is not in the best interests of the MICC Fort Bliss, TX or the Army. Additionally, after award, the MICC Fort Bliss, TX will review OCI mitigation plans, as needed, in the event of changes in the vendor community due to mergers, consolidations, or any unanticipated circumstances that may create an unacceptable organizational conflict of interest.

(c) Potential Organizational Conflict of Interest. The following provides examples of situations where mitigation plans may or may not be required by the MICC Fort Bliss, TX. These examples are not intended to be all inclusive.

(1) Unequal access to information. Access to "nonpublic information" as part of the performance of an Army contract could provide the Contractor a competitive advantage in a later competition for another Army contract. Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information. If the requirements of the Army procurement anticipate the successful vendor may have access to nonpublic information, the successful vendor should be required to submit and negotiate an acceptable mitigation plan. Alternatively, the "nonpublic information" may be provided to all vendors.

(2) Biased ground rules. A Contractor in the course of performance of an Army contract has in some fashion established important "ground rules" for another Army contract, where the same Contractor may be a competitor. For example, a Contractor may have drafted the statement of work, specifications, or evaluation criteria of a future Army procurement. The primary concern of the Army in this case is that a Contractor so situated could slant key aspects of procurement in its own favor, to the unfair disadvantage of competing vendors. If the requirements of the Army procurement anticipate the Contractor may have been in a position to establish important ground rules, including but not limited to those described herein, the Contractor should be required to submit and negotiate an acceptable mitigation plan.

(3) Impaired objectivity. A Contractor in the course of performance of an Army contract is placed in a situation of providing assessment and evaluation findings over itself, or another business division, or subsidiary of the same corporation, or other entity with which it has a significant financial relationship. The concern in this case is that the Contractor's ability to render impartial advice to the Army could appear to be undermined by the Contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a "walling off" of lines of communication may well be insufficient to remove the perception that the objectivity of the Contractor has been tainted. If the

W911SG23P0048

requirements of the Army procurement indicate that the Contractor may be in a position to provide evaluations and assessments of itself or corporate siblings, or other entity with which it has a significant financial relationship, the affected Contractor should provide a mitigation plan that includes recusal by the vendor from the affected contract work. Such recusal might include divestiture of the work to a third party vendor.

(d) The Contractor shall provide information which concisely describes all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise), relating to the work to be performed and bearing on whether the offeror or Contractor has a possible OCI.

(e) If the Contractor does not disclose any relevant facts concerning an OCI, the Contractor, by signing the contract, warrants that to its best knowledge and belief no such facts exist relevant to possible OCI.

(f) Remedies for nondisclosure. The following are possible remedies should a Contractor refuse to disclose, or misrepresent, any information regarding a potential OCI:

(1) Refusal to provide adequate information may result in disqualification for award.

(2) Termination of the contract, if the nondisclosure or misrepresentation is discovered after award.

(3) Disqualification from subsequent MICC Fort Bliss, TX contracts.

(4) Other remedial action as may be permitted or provided by law or in the resulting contract.